In addition to the enforcement procedures established
elsewhere, the City Manager or the City Manager's designee, after
notice and opportunity for a hearing with respect to a public nuisance,
shall be authorized to:
Suspend for a period not to exceed six months or revoke
for a period of one year a certificate of occupancy issued for such
premises and to prevent the operator from obtaining a new certificate
of occupancy for another location for the period of suspension or
revocation;
Suspend for a period not to exceed six months or revoke
for a period of one year any occupational license or permit issued
by the City related to the conduct of a business or trade at the premises,
which suspension or revocation shall also apply to any other locations
operated by the holder for which the license or permit is required;
Prior to the issuance of orders by the City Manager
or the City Manager's designee pursuant to this section, the City
Manager or the City Manager's designee shall give notice and opportunity
for a hearing to the owner, lessor, lessee and mortgagee of a building,
erection or place wherein the public nuisance is being conducted,
maintained or permitted. Such notice shall be served upon an owner
pursuant to Article 3 of the Civil Practice Law and Rules, upon a
lessor/lessee pursuant to § 735 of the Real Property Actions
and Proceedings Law, and upon a mortgagee by means of certified mail,
return receipt requested, sent to the mortgagee's last known address,
provided that any service other than delivery to the person to be
served shall be complete immediately upon delivery, mailing or posting
without the necessity of filing proof of service with the clerk of
any court before the hearing. The person in whose name the real estate
affected by the orders of the City Manager or the City Manager's designee
is recorded in the office of the County Clerk shall be presumed to
be the owner thereof. Proceedings shall be commenced by service of
the notice and opportunity for a hearing within 60 days after the
occurrence of the most recent violation cited in the notice.
The lack of knowledge of acquiescence or participation
in or responsibility for a public nuisance on the part of the owners,
lessors, lessees, mortgagees and all those persons in possession or
having charge of, as agent or otherwise, or having any interest in
the property, real or personal, used in conducting or maintaining
the public nuisance shall not be a defense by such owners, lessors
and lessees, mortgagees and such other persons.
Every certificate of occupancy, certificate of zoning
compliance and real property tax bill issued by any City department
shall state the number of nuisance points, if any, assessed against
the premises as of the date of the record being issued.
Orders of the City Manager or the City Manager's designee
issued pursuant to this section shall be posted at the building, erection
or place where a public nuisance exists or is occurring in violation
of law and shall be mailed to the owner or record thereof within one
business day of the posting.
Five business days after the posting of an order issued
pursuant to this section and upon the written directive of the City
Manager or the City Manager's designee, officers of the Peekskill
Police Department are authorized to act upon and enforce such orders.
Where the City Manager or the City Manager's designee
closes a building, erection or place pursuant to this section, such
closing shall be for such period as the City Manager or the City Manager's
designee may direct, but in no event shall the closing be for a period
of more than one year from the posting of the order pursuant to this
section. If the owner, lessor or lessee shall file a bond in an amount
determined by the City Manager or the City Manager's designee, but
which may not exceed the value of the property ordered to be closed,
and submit proof satisfactory to the City Manager or the City Manager's
designee that the nuisance has been abated and will not be created,
maintained or permitted for such period of time as the building, erection
or place has been directed to be closed by the order of the City Manager
or the City Manager's designee, then the City Manager or the City
Manager's designee may vacate the provisions of the order that direct
the closing of the building, erection or place.
It shall be a misdemeanor for any person to use or
occupy or to permit any other person to use or occupy any building,
erection or place, or portion thereof, ordered closed by the City
Manager or the City Manager's designee. Mutilation or removal of a
posted order of the City Manager or the City Manager's designee shall
be punishable by a fine of not more than $250 or by imprisonment not
exceeding 15 days, or both, provided that such order contains therein
a notice of such penalty.
Intentional disobedience or resistance to any provision
of the orders issued by the City Manager or City Manager's designee
pursuant to this section, in addition to any other punishment prescribed
by law, shall be punishable by a fine or not more than $1,000 or by
imprisonment not to exceed six months, or both.
The City Manager or the City Manager's designee may
promulgate rules and regulations to carry out and give full effect
to the provisions of this section.
Any owner who, having been served with a notice or
order to remove any violation of this chapter or any nuisance, fails
to comply therewith within the time fixed by law shall be guilty of
an offense punishable for each offense by a fine or penalty not exceeding
those set forth in 1-8 of the Code of Ordinances.[1] Every day of such violation may be held to constitute
a separate offense.
The term "owner" as used in this section shall include
any person or persons deemed to be an owner or owners of property
as set forth in Housing Maintenance Code of the City of Peekskill.
Violations of this chapter may also be referred to
the Department of Planning, Development and Code Enforcement or any
other appropriate municipal department and be prosecuted pursuant
to the Housing Maintenance Code or any other provision of the Charter
and Code of the City of Peekskill.